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Home My WebLink About02-2353IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONTINENTAL AUTO RECEIVABLES, INC. Plaintiff, VS. THOMAS B. WINKELMAN JR. and BECKY L. WINKELMAN, Defendants. CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY No. C,a ISSUE NO. TYPE OF PLEADING: Complaint in Civil Action CODE: FILED ON BEHALF OF: Plaintiff, Continental Auto Receivables, Inc. COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAVIS DAVIS ATTORNEYS a professional corporation 650 Washington Road, Suite 510 Pittsburgh, PA 15228 412-344-0400 F:\DOCS~20677\020070\02032601.cmp RD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONTINENTAL AUTO RECEIVABLES, ) INC. ) , ) ) Plaintiff, ) ) THOMAS B. WINKELMAN JR. and ) BECKY L. WINKELMAN, ) NO: ~a- ~,q~ Defendants. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing, in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LAWYER REFERRAL SERVICE Court Administrator 4th Fl. Cumberland Courthouse Carlisle, PA 17013 Telephone: 717/240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONTINENTAL AUTO RECEIVABLES, INC. , Plaintiff, VS. THOMAS B. WlNKELMAN JR. and BECKY L. WlNKELMAN, Defendants. COMPLAINT IN CIVIL ACTION AND NOW comes Continental Auto Receivables, Inc, by and through their counsel, Davis Davis Attorneys, a professional corporation, and makes this Complaint against the named Defendants of which the following is a statement: 1. Continental Auto Receivables, Inc., is a lending institution duly authorized to conduct business in the Commonwealth of Pennsylvania with one of its principal offices located at 5747 Perimeter Dr., Suite 140, Dublin, OH 43017; hereinafter referred to as "Plaintiff". 2. Thomas B. Winkelman Jr. is an adult individual whose last known residence is 55 Fickes Road, Newville, PA 17241; hereinafter referred to as "Defendant Thomas B. Winkelman Jr. ". 3. Becky L. Winkelman is an adult individual whose last known residence is 55 Fickes Road, Newville, PA 17241; hereinafter referred to as "Defendant Becky L. Winkelman". 4. On or about August 14, 2000, Defendants purchased a 1996 Jeep and entered into a written Agreement for the payment of a portion of the purchase price. A true and correct copy of the aforesaid written agreement is marked Exhibit "A", attached hereto and made a part hereof. 5. The said Agreement was assigned for value to the Plaintiff. 6. The Defendants are in default under the terms and conditions of Exhibit "A" for failing to make payments when due. 7. After notice, Plaintiff sold the motor vehicle and credited the proceeds of said sale to the outstanding obligation of the Defendants. 8. After crediting the said proceeds, the outstanding principal balance which remains due and owing to the Plaintiff by the Defendants is $8,804.16. 9. Interest accrues on the aforesaid outstanding balance under the terms of Exhibit "A" at the rate of 11.5% per annum. Interest has accrued from December 14, 2001 through March 26, 2002 in the amount of $339.53. 10. Demands for payment have been made upon the Defendants by the Plaintiff, but the Defendants have failed or refused to pay. 11. Under the terms of Exhibit "A", Plaintiff is entitled to reasonable attorneys' fees in the amount of $1,760.83 which is 20.00% of the amount due and owing. WHEREFORE, Plaintiff demands judgment against the Defendants, joimly and severally, in the sum of $10,904.52 with additional interest thereon at the rate of 11.5 % per year from March 26, 2002 until the date of judgment and at 6% per annum thereafter. F: \DOCS\20677\020070\02032601. cmp RD DAVIS DAVIS~ORNEYS a profess~ion~a~'~P~ ora~- By: Reed James Attorneys for Plalhtiff 650 Washington Road, Suite 510 Pittsburgh, PA 15228 412-344-0400 B~Cor. trm AUTO-MAX OF CARLISLE wel, 1110 HARRTSBURG PIKE CARLTSLE. PA. 17013 Youl~e THOMAS B WZNKLEMAN JR & BECKY L WINKLEMAN ~BUyEII{S). 408 CROSSROAD SCHOOL RD CARLISLE~ PA. 17013 Ya~hlvlt~ldadin O0 HYUNDZA ELANTRA 3~3995.00--'[~3383'77 =~ 911 .23 ItemEation of Amount Flnanc~ 1338.00 611.23 1949.23 12858.77 , NtA 28.50 Men FN 5.00 ~ 191 .52 2379.00 N/^ 15517.79 BUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF k COMPLETED COPY OF THIS CONTRACT ATTHETIMEOFSIGNING, ~ / / /. ADDITIONAL TERMS AND CON DITIONS 8uy,r's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyeds Guide Window SUcker required by the Federal contrary provi$ioM in ~e ~onbl~t of nil NOTICE--ANY HOLDER OF TH S CONSUMER CREU T CONTRACT IS SUBSECT TO ALL CLAIMS AND DEFERSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLEH OF GOODS OR SERVICES OBTAINED PUNSUAHT HERETO OR W~TN THE PROCEEDS HEREDF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER, VERIFICATION I, Reed Kish, National Collections Manager, and duly authorized representative of Continental Auto Receivables, Inc., depose and say subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint in Civil Action are true and correct( k -'-~ n~xxge, i~r~~///? an~b~ to my edge, information and ' f. Date: ~ Reed Kish.~ational Collections Manager SHERIFF'S ~ASE NO: 2002-02353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONTINENTAL AUTO RECEIVABLES VS WINKELMAN THOMAS B JR ET AL RETURN - REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WINKELMAN BECKY L the DEFENDANT , at 1226:00 HOURS, on the 15th day of May , 2002 at 55 FICKES ROAD NEWVILLE, PA 17241 BECKY L. WINKELMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ ~P- A.D. ~ro~honotary -- so Answers: R. Thomas Kline o5/16/ oo2 DAVIS DAVIS By: ~ p y h'e~ff SHERIFF'S RETURN - CASE NO: 2002-02353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONTINENTAL AUTO RECEIVABLES VS WINKELMAN THOMAS B JR ET AL REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WINKELMAN THOMAS B JR the DEFENDANT , at 1226:00 HOURS, at 55 FICKES ROAD NEWVILLE, PA 17241 BECKY L. WINKELMAN on the 15th day of May , 2002 by handing to true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this 3~,~ day of ~ ~Z~o 2~ A.D. 7 P¥othonotary So Answers: DAVIS DAVIS , ~. ~ // // puty S~rirf ~